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Charter 


OF  THE 


CITY  of  SPOKANE 

I 

STATE  OF  WASHINGTON 


COMMISSION  FORM 
OF    GOVERNMENT 


Adopted  December  28,  1910 

As  Amended  by  Vote  of  the  People 

November  4,  1913 


Published  by  the  Authority  of  the 

Commissioners  of  the  City 

of  Spokane 


^O^^^lil! 


ARTICLE  I. 

NAME,   BOUNDARIES,   POWERS,  RIGHTS   AND   LIABILITIES. 

Section  1.  Name:  The  corporate  name  of  this  city  shall  be 
SPOKANE. 

Section  2.  Boundaries:  The  boundaries  of  the  city  shall  be  the 
same  as  at  present,  and  they  may  be  changed  in  the  manner  provided 
by  law. 

Section  3.  Powers,  Rights  and  Liabilities:  By  and  in  the  corpor- 
ate name,  the  city  shall  have  perpetual  succession;  shall  have  and 
exercise  all  powers,  functions,  rights  and  privileges  now  or  hereafter 
given  or  granted  to,  and  shall  be  subject  to  all  the  duties,  obligations, 
liabilities  and  limitations  now  or  hereafter  imposed  upon,  municipal 
corporations  of  the  first  class,  by  the  constitution  and  laws  of  the 
state  of  Washington;  and  shall  have  and  exercise  all  other  powers, 
functions,  rights  and  privileges  usually  exercised  by,  or  which  are 
incidental  to,  or  inhere  in,  municipal  corporations  of  like  character 
and  degree. 

Section  4.  Powers,  How  Exercised:  All  power  of  the  city,  unless 
otherwise  provided  in  this  charter,  shall  be  exercised  by,  through  and 
under  the  direction  of  five  eommssioners,  who  shall  constitute  the 
council  and  one  of  whom  shall  be  the  mayor.  The  commissioners  and 
council  shall  be  subject  to  the  control  and  direction  of  the  people  at 
all  times,  by  the  initiative,  referendum  and  recall,  provided  for  in  this 
charter. 

ARTICLE  II. 

ELECTIVE   OFFICERS. 

Section  5.  Officers,  Election  and  Term  of:  The  elective  officers 
of  the  city  shall  be  the  five  commissioners,  who  shall  be  elected  at 
large  by  the  qualified  electors.  The  term  of  all  elective  officers,  except 
as  otherwise  provided  herein,  shall  commence  at  twelve  o'clock,  noon, 
on  the  second  secular  day  of  January,  following  their  election,  and 
shall  be  for  a  period  of  four  years  and  until  their  successors  are  elected 
and  qualified.  General  municipal  elections  shall  be  held  every  two 
years,  and  at  each  alternative  election,  two  or  three  commissioners, 
respectively,  shall  be  elected. 

The  commissioners  shall  devote  their  entire  time,  during  business 
hours,  to  the  service  of  the  city,  and  shall  not  hold  any  other  public 
office  during  their  term  as  commissioners. 

Section  0.  Qualification.  No  person  shall  be  eligible  to  the  office 
of  commissioner  or  councilman  unless  he  be  a  citizen  of  the  United 
States,  and  of  the  state  of  Washington,  and  a  resident  of  Spokane. 

Section  7.  Salary:  Each  commissioner  shall  be  paid  a  salary  of 
five  thousand  dollars  per  annum,  in  equal  monthly  installments. 

Section  S.  Vacancies,  How  Arising:  The  office  of  any  commis- 
sioner or  councilman  shall  be  deemed  vacant  in  case  of  failure  to 
qualify  within  ten  days  after  his  election,  or  by  reason  of  his  death, 
resignation,  removal  from  office,  removal  from  the  city,  continuous 
absence  from  the  city  for  more  than  six  months,  conviction  of  a  fel- 
ony or  incompetency  judicially  declared. 

How  Filled:  If  any  such  vacancy  occur  (other  than  by  recall  or 
by  resignation  after  recall  petition  is  filed),  the  council  shall  appoint 
an  eligible  person  to  fill  the  same  until  the  next  municipal  election, 
when  the  office  shall  be  filled  by  election. 


4  ^o^  -^  v^J  vU  :  ^:  i  ^^T!^\  CHARTER 

ARTICLE  III. 

COUNCIL   AND    LEGISLATION. 

Section  9.  Organization  of  Council — Mayor:  At  its  first  regular 
meeting,  the  council  shall  elect,  by  a  majority  vote,  a  president  and  a 
vice  president.  The  president  of  the  council  shall  be  mayor  of  the 
city.  He  shall  preside  at  all  meetings  of  the  council.  In  his  absence 
or  disability,  the  vice  president  shall  perform  the  duties  of  president 
and  mayor.  In  the  absence  or  disability  of  both  president  and  vice 
president,  the  other  members  of  the  council  shall  select  one  of  their 
number  to  perform  the  duties  of  president  and  mayor.  The  council 
shall  determine  its  own  procedure. 

Section  lo.  Meetings:  All  meetings  of  the  council  shall  be  pub- 
lic. It  shall  keep  a  journal  of  its  proceedings,  which  shall  be  a  public 
record.  The  council  shall  hold  at  least  one  legislative  meeting  each 
week,  and  shall  hold  meetings  daily  for  the  transaction  of  business. 

At  any  meeting  of  the  council,  three  members  shall  constitute  a 
quorum,  but  a  less  number  may  adjourn  from  time  to  time. 

The  council  shall  provide  by  ordinance  a  means  by  which  a  minor- 
ity may  compel  the  attendance  of  absent  members. 

Section  11.  Voting  Power:  Each  commissioner  shall  be  entitled 
to  a  vote.    The  mayor  shall  not  have  any  veto  power. 

Section  12.  Form  and  Manner  of  Legislation:  All  legislation  and 
appropriations  of  money  shall  be  by  ordinance,  save  where  there  is  a 
special  fund  created  for  a  particular  purpose;  payments  from  such 
fund  shall  be  made  on  order  of  the  council.  Every  ordinance  and 
resolution  shall  be  in  writing  and  read  in  full  at  a  council  meeting 
before  a  vote  is  taken  thereon,  and  upon  every  such  vote  the  yeas  and 
nays  shall  be  called  and  recorded. 

Section  j:;.  Subject  of  Ordinance:  The  subject  of  every  ordinance 
shall  be  set  out  clearly  in  the  title  thereof,  and  no  ordinance  except 
one  making  appropriations  shall  contain  more  than  one  subject.  Or- 
dinances making  appropriations  shall  be  confined  to  the  subject  of 
appropriations. 

Section  14.  Enacting  Clause:  The  enacting  clause  of  all  ordi- 
nances shall  be  in  the  words:    "The  City  of  Spokane  does  ordain." 

Section  1.").  Time  of  Passage — Appropriations — Emergency:  Every 
ordinance,  other  than  emergency  ordinances,  shall  have  three  public 
readings,  not  more  than  two  of  which  shall  be  on  the  same  day.  At 
least  three  days  shall  elapse  between  the  introduction  and  the  final 
passage,  except  as  otherwise  provided  in  this  charter. 

Every  ordinance  appropriating  money  in  excess  of  one  thousand 
($1000.00)  dollars,  and  every  ordinance  and  resolution  authorizing  the 
making  of  any  contract  involving  a  liability  on  the  part  of  the  city  in 
excess  of  one  thousand  (.$1,000.00)  dollars,  shall  remain  on  file  at  least 
one  week  before  its  passage,  except  an  emergency  ordinance  or  reso- 
lution. 

An  emergency  ordinance  or  resolution  may  be  enacted  without 
previous  filing,  provided  it  contains  a  state'^iient  of  its  urgency,  and 
be  passed  by  a  four-fifths  vote. 

Section  16.  Ordinances — Signing  and  Attesting:  Every  ordinance 
passed  by  the  council  shall  be  signed  by  the  mayor  or  two  councilmen, 
and  attested  by  the  clerk. 

Section  IT.  Ordinance — Publication  Of:  Every  ordinance  shall 
be  published  once  in  THE  OFFICIAL  GAZETTE,  hereinafter  provided 
for,  within  ten  days  after  its  passage. 

Section  18.  Ordinaces,  Recording  and  Authentication:  Every 
ordinance  after  its  enactment,  shall  be  recorded  in  a  book  kept  for 
that  purpose,  which  record  shall  be  attested  by  the  clerk. 


CITY  CHARTER  5 

Section  10.  Ordinances,  When  Effective:  Ordinances  making  the 
annual  tax  levy  and  ai)proijriation,  ordinances  relating  to  local  im- 
provements and  assessments  therefor,  ordinances  making  appropria- 
tions, and  ordinances  containing  a  statement  of  their  urgency  shall 
take  effect  immediately  upon  their  pasage.  All  other  ordinances  en- 
acted by  the  council  shall  take  effect  thirty  days  after  the  date  of 
their  passage  unless  a  later  date  is  fixed  therein,  in  which  event  they 
shall  take  effect  at  such  later  date. 

Section  20.  Direct  Legislation,  When  Effective:  Ordinances 
adopted  by  the  electors  of  the  city  shall  take  effect  at  the  time  fixed 
therein,  or,  if  no  such  time  is  designated  therein,  at  the  date  of  the 
adoption  thereof. 

.  Section  '2\.  Amendments  and  Repeals:  Amendments  and  repeals 
of  ordinances  or  sections  thereof  shall  be  by  ordinance.  An  amending 
ordinace  shall  contain  the  entire  ordinance  or  section  amended. 


ARTICLE  IV. 

ADMINISTRATION   OF  CITY   AFFAIRS. 

Section  2:2.  Executive  and  Administrative  Departments:  The 
executive  and  administrative  powers,  authority  and  duties,  not  other- 
wise provided  for  herein,  shall  be  distributed  among  five  departments, 
as  follows: 

(a)  Department  of  public  affairs. 

(b)  Department  of  finance. 

(c)  Department  of  public  safety. 

(d)  Department  of  public  works. 

(e)  Department  of  public  utilities. 

Such  distribution  among  the  various  departments  shall  be  made, 
and  may  be  changed,  by  ordinance. 

The  council  shall  prescribe  the  powers  and  duties  of  officers  and 
employees,  may  assign  particular  officers  to  one  or  more  of  the  depart- 
ments and  may  require  an  officer  or  employee  to  perform  duties  in 
two  or  more  departments.  The  council  shall  make  such  rules  and 
regulations  as  may  be  necessary  and  proper  for  the  efficient  and  eco- 
nomical conduct  of  the  business  of  the  city. 

Section  23.  Department  Supervision:  At  the  first  regular  meet- 
ing after  the  election  of  any  councilman  the  council  shall  designate 
one  member  to  be  commissioner  in  charge  of  each  department,  which 
designation  may  be  changed,  and  a  transfer  of  commissioners  from  one 
department  to  another  be  made,  whenever  it  appears  that  the  public 
service  will  be  benefited  thereby.  The  commissioner  in  charge  of  each 
department  shall  have  the  supervision  and  control  of  all  the  affairs  and 
property  which  belong  to  his  department,  subject  to  the  provisions  of 
this  charter  and  to  such  regulations  as  may  be  prescribed  by  the 
council. 

Section  24.  Officers,  Power  of  Council  Over:  The  council,  after 
each  general  election,  shall  appoint  a  clerk,  corporation  counsel,  city 
engineer,  labor  agent  and  purchasing  agent.  The  council  may  remove 
any  of  said  appointees  at  any  time. 

The  council  shall  have  power  to  create  and  discontinue  all  other 
offices  and  employments  from  time  to  time  as  occasion  may  require, 
but  the  appointment  and  removal  of  persons  filling  such  offices  and 
employments  shall  be  as  hereinafter  provided  (as  amended  by  vote  of 
the  people  Nov.  4,  1913,  submitted  under  ordinance  No.  C1485). 

Section  2.').  Offices.  Appointment  and  Removal  of  Heads  of  Sub- 
divisions: Each  commissioner  shall  have  power  to  appoint  and  re- 
move the  administrative  heads  of  all  subdivisions  in  his  department; 
Provided,   however,   that   the   head   of   any   subdivision    shall   not   be 


6  CITY  CHARTER 

deprived,  by  any  such  removal,  of  the  standing  under  the  civil  service 
provisions  of  the  charter,  which  he  may  have  had  before  his  appoint- 
ment as  head  of  a  subdivision. 

Section  20.  Employees,  Compensation:  The  council  shall  fix  the 
coilipensation  of  all  officers,  assistants  and  employees,  and  may  change 
the  same. 

Section  27.  Duties  of  City  Clerk:  The  clerk  shall  perform  the 
duties  required  by  this  charter  and  by  the  council;  keep  a  record  of 
the  proceedings  of  the  council,  and  of  every  matter  and  thing  before, 
presented  to,  or  acted  upon  by  the  council;  certify  all  accounts  ordered 
paid  by  the  council;  be  the  custodian  of  the  official  seal  of  the  city, 
and  affix  the  same  to  all  documents  when  authorized  so  to  do. 

Section  28.  Corporation  Counsel,  Qualifications:  The  corporation 
counsel  shall  be  a  member  of  the  bar  of  the  state  of  Washington,  and 
shall  have  practiced  law  within  the  state  of  Washington  not  less  than 
five  years  next  preceding  his  appointnient. 

Section  29.  Corporation  Counsel,  Duties:  The  corporation  counsel 
shall  be  the  legal  adviser  of  the  city  officers;  shall  conduct  all  cases 
in  court  and  all  other  actions  and  proceedings  not  in  charge  of  special 
counsel,  to  which  the  city  may  be  a  party  or  in  which  it  may  be  inter- 
ested, and  shall  perform  such  other  duties  as  may  be  required  of  him 
by  the  council.  He  shall  keep  a  docket  and  record  all  cases  and  of  the 
proceedings  therein,  shall  keep  copies  of  all  official  written  communi- 
cations, and  shall  deliver  the  same  to  his  successor  in  office. 

Section  30.  City  Engineer,  Qualifications:  No  person  shall  be 
eligible  to  the  position  of  city  engineer,  who  has  not  been  a  civil  engi- 
neer of  practical  experience  for  the  period  of  five  years  next  preceding 
his  appointment. 

Section  31.  Duties  of  Labor  Agent:  The  labor  agent  shall  have 
charge  of  the  free  employment  bureau  of  the  city,  shall  ascertain  the 
facts  as  to  the  payment  of  wages  and  compliance  with  hours  of  labor 
on  all  municipal  work,  and  shall  perform  such  other  duties  as  the 
council  may  determine.  He  shall  make  a  monthly  report  to  the  council. 

Section  32.  Corporation  Counsel,  Assistants:  The  corporation 
counsel  shall  have  the  power  to  appoint  and  remove  his  assistants. 

Section  33.  Special  Counsel:  The  council  at  any  time  may  employ 
other  or  special  counsel  to  take  charge  of  special  matters  or  to  assist 
the  corporation  counsel. 

Section  34.  Oath  of  Office:  Every  officer,  before  he  enters  upon 
the  duties  of  his  office,  shall  make  and  file  with  the  clerk,  an  oath  or 
affirmation  to  support  the  constitution  of  the  United  States,  and  of  the 
state  of  W^ashington,  and  to  perform  faithfully,  honestly  and  impar- 
tially the  duties  of  his  office. 

Section  3.").  Bonds  of  Officers  and  Approval  Thereof:  Each  com- 
missioner or  councilman  shall  furnish  and  file  with  the  clerk  a  good 
and  sufficient  bond  in  the  sum  of  twenty-five  thousand  ($25,000.00) 
dollars,  for  the  faithful  performance  of  his  duties.  Such  other  officers 
and  employees  as  the  council  may  determine  by  ordinance,  shall  furnish 
and  file  like  bonds  in  the  amounts  fixed  by  such  ordinances.  The  giv- 
ing and  approval  of  the  bond  of  every  appointive  officer  or  employee 
required  by  ordinance  to  give  bond  shall  be  a  necessary  part  of  the 
qualification  of  such  officer  or  employee.  Upon  approval  by  the  coun- 
cil, the  city  shall  pay  a  reasonable  premium  to  a  surety  company  for 
the  execution  of  any  bond  required  by  this  charter  or  by  ordinance. 

The  bonds  of  the  elective  and  appointive  officers  shall  be  approved 
by  the  council.    All  other  bonds  shall  be  approved  by  the  mayor. 

All  bonds  shall  be  approved,  as  to  form,  by  the  corporation 
counsel. 


CITY  CHARTER  7 

Section  30.  Officers  or  Employees  Not  to  Be  Interested  in  Con- 
tracts: No  officer  or  employee  of  the  city  shall  solicit  or  receive  any 
pay,  commission,  money  or  thing  of  value,  or  derive  any  benefit,  profit 
or  advantage,  directly  or  indirectly,  from  or  by  reason  of  any  improve- 
ment, alteration  or  repair  required  by  authority  of  the  city,  or  any 
contract  to  which  the  city  shall  be  a  party,  except  his  lawful  compen- 
sation or  salary  as  such  officer  or  employee.  No  officer  or  employee 
of  the  city,  except  as  otherwise  provided  in  this  charter,  shall  solicit, 
accept  or  receive,  directly  or  indirectly,  from  any  public  service  cor- 
poration, or  the  owner  of  any  public  utility  franchise  in  this  city, 
any  pass,  frank,  free  ticket,  free  service  or  any  other  favor  upon 
terms  more  favorable  than  those  granted  the  public  generally.  A  viol- 
lation  of  any  of  the  provisions  of  this  section  shall  disqualify  the  of- 
fender to  continue  in  office  or  employment  and  he  shall  be  removed 
therefrom. 

Section  ?,7.  Advertising  for  Bids:  In  all  cases  of  work  to  be  done 
by  contract,  or  of  the  purchase  of  property  of  any  kind,  when  the  cost 
thereof  exceeds  one  hundred  ($100.00)  dollars,  unless  the  council  by 
resolution  shall  declare  an  emergency,  it  shall  advertise  for  bids  in 
The  Official  Gazette.  When  such  probable  expenditure  shall  be  less 
than  one  thousand  ($1000,00)  dollars  in  amount  notice  shall  be  given 
in  at  least  two  issues  of  The  Official  Gazette,  and  when  more  than  one 
thousand  ($1000.00)  dollars  in  at  least  three  issues.  The  council,  how- 
ever, may  reject  any  and  all  bids;  and  nothing  contained  herein  shall 
prevent  the  city  from  contracting  for  the  doing  of  work  with  patented 
processes  or  from  purchasing  patented  appliances.  The  council  shall 
regulate  the  matter  of  making  bids  and  letting  contracts  by  ordinance. 
(As  amended  by  vote  of  the  people  Nov.  4,  l'.)i;'.,  submitted  under  Or- 
dinance No.  C14S7.) 

Section  ns.  Contracts  and  Documents,  Execution  Of:  All  written 
contracts,  bonds  and  instruments  of  every  kind  and  description  to 
which  the  city  shall  be  a  party  shall  be  executed  in  the  name  of  the 
city,  by  the  mayor  or  any  councilman  designated  by  the  council  for 
that  purpose,  and  attested  by  the  clerk,  and  when  necessary  shall  be 
acknowledged. 

Section  ?>9.  Publicity  Provisions — Official  Gazette:  The  council 
shall  cause  the  clerk  to  print  and  issue  each  week  a  pamphlet  entitled 
THE  OFFICIAL  GAZETTE,  in  which  shall  be  published  a  summary 
of  its  proceedings  during  the  preceding  week.  Within  10  days  after 
the  end  of  each  calendar  month  there  shall  be  printed  in  THE 
OFFICIAL  GAZETTE  a  detailed  statement  of  all  receipts  and  dis- 
bursements during  such  preceding  month,  showing  to  whom  payments 
were  made  and  for  what  purpose,  which  statement  shall  be  classified 
under  the  various  subdivisions  of  the  city  government,  and  shall  show 
the  expense  of  each  subdivision  for  the  month,  the  total  expense  of 
each  subdivision  for  the  fiscal  year  to  date,  and  the  amount  of  the 
annual  budget  allowed  for  each  subdivision. 

All  official  and  city  matters  which  by  this  charter,  or  by  order  of 
the  council,  are,  or  may  be  required  to  be  published,  shall  be  published 
only  in  THE  OFFICIAL  GAZETTE,  unless  other  publication  is  re- 
quired by  the  laws  of  the  state  of  Washington. 

Nothing  shall  be  published  in  THE  OFFICIAL  GAZETTE  except 
such  things  as  pertain  strictly  and  wholly  to  the  city's  business.  No 
political  matter  nor  anything  which  advertises  or  calls  special  atten- 
tion to  any  officer,  employee  or  department  of  the  city  shall  ever  be 
published  in  THE  OFFICIAL  GAZETTE. 

Copies  of  THE  OFFICIAL  GAZETTE  shall  be  furnished  to  the 
state  library,  the  public  library  of  Spokane,  the  newspapers  of  Spokane 
and  to  all  persons  and  corporations  who  apply  therefor  at  the  office 
of  the  clerk,  or  furnish  postage  for  the  mailing  thereof. 


8  CITY  CHARTER 

Section  40.  Annual  Audit  of  City's  Books:  The  fiscal  year  shall 
be  the  calendar  year.  At  the  end  of  each  year  the  council  shall  cause 
a  complete  examination  and  audit  of  all  books  and  accounts  of  the  city 
to  be  made  by  a  competent  accountant,  who  shall  not  otherwise  be 
an  officer  or  employee  of  the  city.  The  result  of  such  examination 
and  auditing  and  the  general  details  thereof  shall  be  published  ia 
THE  OFFICIAL  GAZETTE. 

ARTICLE  V. 

PARKS   AND    PARK    BOARD. 

Section  41.  Park  Board — How  Created:  A  park  board  is  hereby 
created  which  shall  consist  of  ten  (10)  electors  of  the  city  of  Spokane,, 
who  shall  be  appointed  by  the  council;  and  one  member  of  the  council 
to  be  designated  by  the  council.  The  ten  appointed  members  of  the 
park  board  existing  at  the  time  of  the  adoption  of  this  charter  shall 
continue  to  serve  respectively  until  the  first  Tuesday  of  February  next 
preceding  the  expiration  of  their  terms,  as  at  present  fixed,  and  until 
their  successors  are  appointed.  The  council  shall  have  power  to  re- 
move any  member  for  cause  and  to  fill  vacancies  in  the  board. 

Section  42.  Park  Board — Term  of  Office:  The  term  of  office  of 
the  10  appointed  members  shall  be  10  years,  and  the  term  of  office  of 
one  member  of  said  board  shall  expire  each  year  on  the  first  Tuesday 
of  February  at  12  o'clock  noon. 

Section  43.  Park  Board — Removal  From:  It  shall  be  the  duty  of 
the  council  to  remove  from  office  any  member,  who,  after  due  notice 
of  the  meetings  of  the  board,  shall  be  absent  therefrom,  without  leave, 
for  three  successive  months. 

Section  44.     Park  Board — Organization: 

(a)  On  the  second  Tuesday  of  February  of  each  year  the  board 
shall  elect  a  president  and  a  vice  president  from  its  members,  and  a 
secretary,  who  may,  or  may  not,  be  a  member  of  the  board. 

(b)  Six  members  of  the  board  shall  constitute  a  quorum  for  the 
transaction  of  business,  and  but  six  affirmative  votes  shall  be  neces- 
sary to  adopt  or  carry  any  measure.  The  board  shall  have  regular 
public  meetings  at  least  once  a  month,  at  their  regular  place  of 
meeting. 

(c)  The  board  shall  have  power  to  make  by-laws  and  rules  for 
the  conduct  of  its  business. 

Section  45.  Park  Board — Accounts  and  Reports — Annual  State- 
ments: The  board  shall  keep  books  of  account  and  records  of  all  its 
transactions. 

The  board,  at  the  end  of  each  month  and  at  the  end  of  each  fiscal 
year,  shall  furnish  to  the  council  a  detailed  report  of  receipts  and 
expenditures  and  a  statement  of  all  other  business  transacted,  which 
shall  be  published  in  THE  OFFICIAL  GAZETTE. 

"All  records,  books  and  files  of  the  board  shall  be  open  to  public 
inspection. 

Section  4G.  Park  Board — Compensation:  No  member  of  the 
board,  unless  he  be  secretary,  shall  receive  any  compensation.  The 
compensation  of  the  secretary  shall  be  fixed  by  the  board. 

Section  47.  Office  of  Park  Board:  Whenever  there  shall  be  suit- 
able accommodations  in  the  city  building,  the  office  of  the  park  board 
shall  be  maintained  therein. 

Section  48.  Park  Board — Powers:  The  park  board  shall  have 
power: 

To  lay  out,  establish,  purchase,  procure,  accept  and  have  the  care, 
management,  control  and  improvement  of,  all  parks  and  grounds  used 
for    park   purposes,   all   boulevards    connecting   parks    and    structures 


CITY  CHARTER  9 

thereon,  and  all  parkways,  now  or  hereafter  owned  or  controlled  by 
the  city,  whether  within  or  without  the  city  limits,  and  may  designate 
them  by  name; 

To  lay  out,  establish  and  improve  boulevards  and  parkways,  and 
to  designate  as  a  boulevard  or  parkway  any  existing  highway  or  part 
thereof,  but  the  highway  or  part  thereof  so  designated  shall  remain 
under  the  control  of  the  council; 

To  exercise  supervision  over  all  shade  trees,  shrubs  and  plants  of 
all  kinds  on  or  in  the  streets  and  public  places  of  the  city,  and  over  all 
resting  places,  water  stations,  playgrounds  and  parade  grounds; 

To  make  rules  and  regulations  for  the  use  of  parks  and  provide  for 
the  enforcement  of  such  rules  and  regulations; 

To  prohibit  or  determine  the  place  and  manner  of  making  excava- 
tions, and  of  placing  or  maintaining  wires,  pipes,  poles,  posts,  masts 
and  supports  in  parks  or  highways,  and  to  compel  the  alteration  or 
removal  thereof  at  any  time; 

To  improve  and  adorn  parks  and  park  property  and  do  all  things 
necessary  or  proper  to  render  the  parks  or  other  property  of  value  to 
the  public; 

To  lease  any  property  under  its  control,  not  needed  for  immediate 
improvement,  for  a  term  not  to  exceed  three  years,  and  to  receive  the 
rent  and  place  the  same  in  the  park  fund,  to  be  used  for  park  purposes. 

In  no  case  shall  the  expenditure  of  the  park  board  exceed  the 
amount  donated  or  appropriated  for  park  purposes. 

Real  and  personal  property  may  be  granted,  bequeathed  or  devised 
to  the  city  and  accepted  by  the  park  board,  for  park  purposes,  or  for 
the  establishment  or  maintenance  in  parks  of  museums,  zoological  or 
other  gardens,  collections  of  natural  history,  observatories,  buildings, 
fountains,  monuments,  statues  or  other  works  of  art,  upon  the  trust 
and  conditions  prescribed  by  the  donors  thereof;  and  all  such  prop- 
erty, together  with  the  income  and  profits  thereof,  shall  be  under  the 
exclusive  control  of  the  bark  board.  All  property  acquired  by  the  park 
board  shall  be  in  the  name  of  the  city. 

Section  40.     Condemnation  for  Park  Purposes: 

(a)  If  the  board  shall  be  unable  to  purchase  at  a  satisfactory  price 
any  lands  or  other  property  for  park  purposes  or  be  unable  to  make  a 
satisfactory  arrangement  as  to  compensation,  the  council,  upon  notice 
given  by  the  board,  shall  condemn  the  same  at  the  expense  of  the 
park  fund. 

(b)  Any  property  desired  for  park  purposes  in  which  any  member 
of  the  park  board  or  council  may  be  interested,  shall  be  acquired  by 
condemnation  proceedings.  The  petition  for  condemnation  shall  set 
forth  the  interest  of  such  member. 

Section  50.  Annual  Levy  for  Support  of  Parks:  In  order  to  main- 
tain the  parks  and  park  system,  and  to  provide  for  the  expenses  auth- 
orized by  this  article,  the  council  shall  levy  each  year  and  cause  to  be 
collected  a  tax  of  not  less  than  ten  cents  upon  each  one  hundred  dol- 
lars of  value  of  all  the  property  within  the  city  taxable  for  municipal 
purposes. 

Section  51.  Disbursement  of  Park  Funds:  All  taxes  levied  for 
park  purposes,  as  provided  in  this  charter,  all  moneys  realized  from 
the  sale  of  park  bonds,  all  moneys  appropriated  by  the  council  for 
park  purposes  or  received  by  the  park  board  from  any  other  source, 
shall  be  turned  into  and  kept  in  a  fund  designated  The  Park  Fund  and 
be  deemed  appropriated  and  shall  be  used  exclusively  for  the  purpose  • 
set  forth  in  this  article,  and  shall  be  expended  upon  the  order  of  such 
officer  or  officers  of  the  park  board  as  may  be  selected  by  it  for  that 
purpose  by  resolution;  copies  of  such  resolution,  duly  certified,  shall 
be  filed  with  the  commissioner  of  finance.  Said  moneys  shall  be  paid 
out  by  the  treasurer  upon  warrants  signed  by  the  auditor. 


10  CITY  CHARTER 

ARTICLE  VI. 

CIVIL    SERVICE. 

Section  y.l.  Commission,  Creation  Of:  There  is  hereby  established 
a  civil  service  commission,  which  shall  consist  of  three  members,  who 
shall  be  appointed  by  the  council,  and  shall  serve  without  compensa- 
tion, and  whose  term  of  office  shall  be  for  six  years,  except  as  herein 
next  provided.  The  council  first  elected  under  this  charter,  as  soon  as 
practicable  after  its  election,  shall  appoint  one  member  of  said  com- 
mission to  serve  for  two  years,  one  member  to  serve  for  four  years, 
and  one  member  to  serve  for  six  years.  Any  vacancies  in  the  commis- 
sion  shall  be  filled  by  the  council  for  the  unexpired  term. 

Section  ."):!.  Commission,  Rules  and  Powers:  The  commission, 
with  the  approval  of  the  council,  shall  make  such  rules  and  regulations 
for  the  proper  conduct  of  its  business  as  it  shall  find  necessary  and 
expedient.  The  commission,  among  other  things,  shall  provide  for  the 
classification  of  all  employees,  except  day  laborers  and  the  appointive 
offices  mentioned  in  sections  twenty-four  CM),  twenty-five  (:2:))  and 
thirty-two  (;]2)  of  this  charter;  for  open  competitive  and  free  exam- 
ination as  to  fitness:  for  an  eligibility  list  from  which  vacancies  shall 
be  filled,  for  a  period  of  probation  before  employment  is  made  perma- 
nent;  and  for  promotion  on  the  basis  of  merit,  experience  and  record. 

Employees  within  the  scope  of  this  article  who  are  in  office  at  the 
time  of  the  adoption  of  this  charter  shall  retain  their  positions,  unless 
removed  for  cause. 

The  council  may,  by  ordinance,  confer  upon  the  commission  such 
further  rights  and  duties  as  may  be  deemed  necessary  to  enforce  and 
carry  out  the  principles  of  this  article. 

Section  :>A.  Preference  in  Employment:  Every  officer  and  male 
employee  of  the  city  shall  be  a  citizen  of  the  United  States  and  a  resi- 
dent of  Spokane.  Qualified  electors  shall  be  employed  in  preference  to 
non-electors,  and  married  men  and  men  of  family  in  preference  to 
unmarried  men,  and  such  preference  shall  extend  to  ranking  upon  the 
eligibility  list  of  the  commission:  Provided,  however,  that  this  section 
shall  apply  only  to  day  laborers  and  to  positions  coming  within  the 
provisions  of  this  article  and  shall  not  apply  to  positions  re(iuiring 
technical  skill  or  scientific  knowledge. 

Section  .").").  •  Removals:  Any  employee  may  be  suspended  by  the 
head  of  the  department  under  which  he  is  employed  and  thereupon  his 
salary  shall  cease.  The  officer  making  the  order  shall  forthwith  file 
with  the  civil  service  commission  a  statement  of  the  suspension  and 
the  reasons  therefor.  Within  ten  days  after  his  suspension  the  em- 
ployee so  suspended  may  file  an  appeal  with  the  civil  service  commis- 
sion, who  shall  hold  an  inquiry  within  ten  days  after  the  filing  of  the 
appeal  and  shall  make  decision  within  ten  days  after  the  hearing, 
whether  the  employee  shall  be  dismissed  or  reinstated  in  his  employ- 
ment. All  such  hearings  shall  be  public.  The  decision  of  the  commis- 
sion shall  be  final. 

Section  :>C).  Commission,  Rules  and  Regulations:  The  commission 
shall  have  power  to  make  proper  rules  and  regulations  for  the  con- 
duct of  its  business. 


ARTICLE  VII. 

ELECTIONS. 

Section  ."^7.  Municipal  Elections:  A  municipal  election  shall  be 
held  on  the  first  Tuesday  after  the  first  Monday  in  November,  lOl."., 
and  on  the  first  Tuesday  after  the  first  Monday  in  November  on  each 
second  year  thereafter,  which  shall  be  known  as  the  General  Municipal 
Election.     All  others  shall  be  known  as  Special  Municipal  Elections: 


CITY  CHARTER  II 

IM'ovided,  that  the  tirst  general  election  under  tliis  charter  shall  be  held 
on  the  first  Tuesday  after  the  first  Monday  in  March,  I'dl,  for  the 
purpose  of  electing  five  councilmen,  of  whom  the  three  who  receive 
the  highest  votes  shall  hold  office  until  the  second  secular  day  of 
January,  I'JIO,  and  the  other  two  shall  hold  office  until  the  second  sec- 
ular day  of  January,  I  "HI:  such  elected  officers  shall  assume  office  the' 
first  Tuesday  after  the  election,  at  lo  o'clock  A.  M. 

Section  :>s.  Manner  of  Nomination  of  Officers:  The  manner  of 
nomination  of  all  elective  officers  shall  be  by  petition. 

(a)  Nomination  Petitions,  Certificates:  The  petition  for  the 
nomination  of  each  candidate  shall  consist  of  not  less  tha*n  :.':>  indi- 
vidual certificates.  Each  certificate  shall  be  of  uniform  size,  to  be 
determined  by  the  clerk,  shall  be  signed  and  verified  by  one  elector, 
and  shall  contain  the  name  of  only  one  candidate. 

If  an  elector  sign  more  certificates  than  there  are  offices  to  be 
filled,  all  of  his  certificates  shall  be  rejected. 

(b)  Form  of  Certificate:  The  form  of  the  certificate  shall  be  sub- 
stantially as  follows: 

INDIVIDUAL  NOMINATION  CERTIFICATE. 

I  do  hereby  join  in  a  petition  for  the  nomination  of , 

whose  residence  is  at  No street,  Spokane,  for  the  office 

of ■  ...,  to  be  voted  for  at  the  municipal  election  to 

be  held  in  the  city  on  the day  of ,  T.) ;   and 

I  certify  that  I  am  qualified  to  vote  for  candidates  for  said  office,  and 
am  not  at  this  time  a  signer  of  more  certificates  nominating  candi- 
dates for  city  elective  offices  than  there  are  offices  to  be  filled;  that 
my  residence  is  at  no street,  Spokane,  and  that  my  occupa- 
tion is 

(Signed) 

STATE  OF  WASHINGTON,    ) 

I     ss 
County  of  Spokane,  ) 

,  being  first  duly  sworn, 

deposes  and  says  that  he  is  the  person  who  signed  the  foregoing  cer- 
tificate, and  that  the  statements  therein  are  true. 

(Signed) 

Subscribed  and  sworn  to  before  me  this day 

of A.  D.   10 


Notary  Public,  Residing  at  Spokane,  Washington. 
The  petition  of  nomination  of  which  this  certificate  forms  a  part, 

if  found  defective  shall  be  returned  to 

at  No street,  Spokane. 

(c)  Filing  Petitions:  The  petition,  consisting  of  at  least  :3:>  suf- 
ficient certificates,  shall  be  presented  to  the  clerk  for  filing  not  earlier 
than  4(»,  and  not  later  than  :;i),  days  before  the  election.  The  clerk 
shall  examine  the  petitions  forthwith  and  shall  endorse  thereon  the 
date  of  its  presentation  and  by  whom  presented.  If  the  petition  be 
sufficient,  he  shall  file  the  same  at  once. 

(d)  Amendment  of  Petition:  If,  upon  examination  by  the  clerk, 
the  petition  be  found  not  to  conform  to  the  provisions  of  this  article, 
he  shall  state,  immediately  in  writing  on  said  petition  why  it  cannot 
be  filed.  He  shall  then,  within  three  days,  return  the  defective  peti- 
tion, personally  or  by  mail,  to  the  person  designated  for  that  purpose 
therein.  Within  five  days  of  its  return  by  the  clerk,  the  petition  may 
be  amended  and  again  presented  for  filing.  The  procedure  in  the  case 
of  an  amended  petition  shall  be  the  same  as  in  the  case  of  an  original 
petition. 


3  2  CITY  CHARTER 

(e)  Nominee's  Acceptance:  Any  person  nominated  under  this 
article  shall  file  his  acceptance  with  the  clerk  not  later  than  twenty 
(20)  days  before  the  day  of  election;  and  in  the  absence  of  such  ac- 
ceptance, the  name  of  the  candidate  shall  not  appear  on  the  ballot. 
Such  acceptance  shall  be  substantially  in  the  following  form: 

County  of  Spokane,  j 

STATE  OF  WASHINGTON,    f    ^^• 

I,  ,  having  heretofore  been 

nominated  for  the  office  of.... of  the  city  of 

Spokane,  do  hereby  accept  said  nomination.  I  am  not  a  candidate  as 
the  nominee  or  representative  of,  or  because  of  any  promised  support 
from,  any  political  party,  or  any  committee  or  convention  representing 
or  acting  for  any  political  party  or  organization. 

(Signed) 

Subscribed  and  sworn  to  before  me  this day 

of .,  A.  D.  19 


Notary  Public,  Residing  at  Spokane,  Washington. 

(f)  Withdrawals:  Any  person  who  has  filed  such  acceptance  may 
withdraw  his  name  from  nomination  at  any  time  before  the  election, 
by  written  notice  to  the  clerk. 

(g)  Forms  Supplied  by  the  Clerk:  It  shall  be  the  duty  of  the 
clerk,  upon  application,  to  furnish  a  reasonable  number  of  forms  of 
such  individual  certificates,  and  of  acceptance,  or  rejection  of  nomina- 
tion. 

(h)  Preservation  of  Nomination  Petitions:  The  clerk  shall  pre- 
serve in  his  office,  for  a  period  of  four  years,  all  papers  relative  to 
nominations. 

Section  59.  Publication  of  Lists  of  Candidates:  The  clerk,  on  the 
15th  day  before  every  election,  shall  prepare  and  file  in  his  office  a 
certificate  containing  a  complete  list  of  the  offices  to  be  filled,  stating 
whether  for  a  full  or  an  unexpired  term,  and  the  candidates  for  each 
office  who  are  entitled  to  have  their  names  appear  upon  the  ballot. 
The  clerk  shall  cause  to  be  published,  in  all  succeeding  issues  of  THE 
OFFICIAL  GAZETTE  before  the  day  of  election,  an  election  notice, 
which  shall  contain  a  copy  of  the  certificate  above  described,  and  also 
the  time  and  places  of  holding  such  election.  A  copy  of  such  notice 
shall  be  posted  at  ail  polling  places  seven  days  before  the  day  of  elec- 
tion. But  the  notice  of  the  first  election  to  be  held  under  this  charter 
shall  conform  to  the  legal  requirements  for  the  same  at  the  time  of 
the  adoption  of  this  charter. 

Section  GO.  Ballot^,  Preparation  and  Form:  The  clerk  shall  cause 
ballots  for  each  general  and  special  election  to  be  prepared,  printed 
and  authenticated.  The  ballots  shall  contain  a  complete  list  of  the 
offices  to  be  filled  and  the  names  of  the  candidates  nominated  therefor. 
When  the  number  of  candidates  is  more  than  three  times  the  number 
of  offices  to  be  filled,  the  form  of  ballot  shall  be  substantially  as 
follows: 

GENERAL     (OR     SPECIAL)     MUNICIPAL     ELECTION,     CITY     OF 

SPOKANE  (Inserting  Date  Thereof). 

INSTRUCTIONS. 

To  vote  for  any  person  mark  a  cross  (X)  in  a  square  to  the  right 
of  the  name. 

VOTE  FIRST  CHOICE  FOR  FIVE  (or  other  proper  number) 
candidates,  or  ballot  will  be  void.  Second  and  third  choice  is  NOT 
COMPULSORY. 

Vote  only  FIVE  (or  other  proper  number)  FIRST  CHOICES,  and 
only  FIVE  (or  other  proper  number)  SECOND  CHOICES. 

Vote  as  many  third  choices  as  you  wish. 


CITY  CHARTER  K! 

Vote  your  FIRST  CHOICES  in  the  first  column. 

Vote  your  SECOND  CHOICES  in  the  second  column. 

Vote  in  the  THIRD  COLUMN  for  all  the  OTHER  CANDIDATES 
whom  you  WISH  TO  SUPPORT. 

DO  NOT  VOTE  MORE  THAN  ONE  CHOICE  FOR  ANY  ONE 
CANDIDATE,  as  only  the  one  choice  will  count. 

All  distinguishing  marks  make  the  ballot  void. 

If  you  wrongly  mark,  tear  or  deface  this  ballot,  return  it  and  ob- 
tain another  from  the  election  officers. 

(Insert  number)  COMMISSIONERS  TO  BE  ELECTED. 


City 
Commissioners 


Names  of 
Candidates. 


First 
Choice 


Second 
Choice 


Additional 
Choices 


(Charter  amendments,  ordinances,  or  other  referendum  matters 
to  be  voted  upon  to  appear  here.) 

When  the  number  of  candidates  is  more  than  two  times  the  num- 
ber of  offices  to  be  filled,  and  not  more  than  three  times  the  number 
of  offices  to  be  filled,  the  ballots  shall  give  first  and  second  choice  col- 
umns only;  and  the  instructions  to  voters  on  the  ballots  shall  be  mod- 
ified correspondingly. 

When  the  number  of  candidates  is  not  more  than  two  times  the 
number  of  offices  to  be  filled,  only  one  column  for  marking  votes  shall 
appear;  and  the  instructions  to  voters  on  the  ballot  shall  be  modified 
correspondingly. 

Section  Gl.  Requirements  of  Ballots:  All  official  ballots  used  at 
any  election  shall  be  identical  in  form.  Space  shall  be  provided  on 
the  ballot  for  charter  amendments  or  other  questions  to  be  voted  upon 
at  municipal  elections.  The  names  of  candidates  shall  be  arranged  in 
alphabetical  order  of  surnames.  Nothing  on  the  ballot  shall  be  indi- 
cative of  the  source  of  the  candidacy,  or  of  the  support  of  any  candi- 
date. No  ballot  shall  have  printed  thereon  any  party  or  political  des- 
ignation or  mark,  and  there  shall  not  be  appended  to  the  name  of  any 
candidate  any  party  or  political  designation  or  mark,  or  anything  indi- 
cating his  views  or  opinions. 

Section  62.  Sample  Ballots:  The  clerk,  at  least  10  days  before 
the  election,  shall  cause  to  be  printed  not  less  than  2000  sample  bal- 
lots, upon  paper  of  different  color,  but  otherwise  identical,  except  num- 
bering, with  the  ballot  to  be  used  at  the  election,  and  shall  distribute 
the  same  to  registered  voters  at  his  office.  Sample  ballots  shall  be 
posted  at  the  polls  on  election  day. 

Section  on.  Canvass  of  Returns  and  Determination  of  Results  of 
Elections: 

(a)  As  soon  as  the  polls  are  closed,  the  precinct  election  officers 
shall  open  the  ballot  boxes,  take  therefrom  and  count  the  ballots,  and 
enter  the  total  number  thereof  on  the  tally  sheets  provided  therefor. 
They  then  shall  count  and  enter  the  number  of  the  first,  second  and 
third  choice  votes  for  each  candidate  oh  said  tally  sheet  and  make 
return  thereof  to  the  clerk,  as  provided  by  law. 

(b)  If  a  ballot  contain  more  than  one  vote  for  the  same  candi- 
date, only  the  one  of  such  votes  highest  in  rank  shall  be  counted.    All 


14  CITY  CHARTER 

ballots  shall  be  void  which  do  not  contain  first  choice  votes  for  as 
many  candidates  as  there  are  offices  to  be  filled.  If  a  ballot  contain 
either  first  or  second  choice  votes,  in  excess  of  the  number  of  offices 
to  be  filled,  no  vote  in  the  column  showing  such  excess  shall  be 
counted. 

(c)  The  foregoing  portion  of  this  section  shall  be  printed  con- 
spicuously on  the  tally  sheets  furnished  by  the  clerk  to  the  election 
officers. 

(d)  Candidates  receiving  a  majority  of  first  choice  votes  for  anv 
office  shall  be  elected.  If  the  full  number  of  candidates  to  be  elected 
do  not  receive  such  a  majority  of  the  first  choice  votes  for  such  office, 
a  canvass  shall  then  be  made  of  the  second  choice  votes  received  by 
those  candidates  for  said  office  who  are  not  elected  by  first  choice 
votes;  said  second  choice  votes  shall  be  added  to  the  firsi  cnoice  voies 
received  by  such  candidates,  and  candidates  who,  by  such  addition 
shall  receive  a  majority,  shall  be  elected. 

e)  If  by  the  count  of  either  first  choice  votes,  or  first  and  sec- 
ond choice  votes,  as  above  provided,  more  candidates  than  there  are 
offices  to  be  filled  shall  receive  a  majority,  the  candidate  or  candi- 
dates, equal  in  number  to  the  number  of  offices  to  be  filled,  having  the 
highest  vote  shall  be  elected. 

(f)  If  the  full  number  of  candidates  to  be  elected  do  not  receive 
a  majority  by  adding  first  and  second  choice  votes,  as  above  directed, 
a  canvass  shall  then  be  made  of  the  third  choice  votes  received  by 
those  candidates  for  said  office  who  are  not  elected,  either  by  first 
choice  votes  or  by  adding  first  and  second  choice  votes,  said  third 
choice  votes  shall  be  added  to  the  first  and  second  choice  votes  re- 
ceived by  such  candidates,  and  the  candidates,  equal  in  number  to 
the  number  of  offices  remaining  to  be  filled,  who  receive  the  highest 
number  of  votes  by  said  addition,  shall  be  elected. 

(g)  A  tie  between  two  or  more  candidates  shall  be  decided  in 
favor  of  the  one  having  the  highest  number  of  first  choice  votes.  If 
they  are  also  equal  in  that  respect,  then  the  highest  number  of  second 
choice  votes  shall  determine  the  result.  If  this  does  not  decide,  then 
the  tie  shall  be  determined  by  lot,  under  the  direction  of  the  canvass- 
ing board. 

(h)  Whenever  the  word  "majority"  is  used  in  this  section,  it  shall 
mean  more  than  one-half  of  the  total  number  of  ballots  cast  at  such 
election. 

Section  G4.  informalities  in  Election:  No  informalities  in  con- 
ducting municipal  elections  shall  invalidate  the  same,  if  they  be  con- 
ducted fairly  and  in  substantial  conformity  with  the  requirements  of 
this  charter. 

Section  G.").     Expenditure  of  Money  on  Elections: 

(a)  All  expenditure  of  money  in  aid  of  the  election  of  candidates, 
except  for  holding  public  meetings  and  printing  and  distributing  liter- 
ature, is  prohibited,  and  the  total  expenditure  on  behalf  of  any  one 
candidate,  whether  directly  or  indirectly,  and  whether  by  himself 
alone  or  not,  shall  not  exceed  two  hundred  and  fifty  ($:2:)().()i))  dollars. 

(b)  No  candidate  or  any  other  person,  association  or  organiza- 
tion on  his  behalf,  directly  or  indirectly,  shall  pay  or  cause  any  per- 
son to  be  paid,  in  cash  or  by  any  other  material  inducement,  for  work 
for  his  election  at  the  polls  on  election  day.  No  candidate  shall  direct- 
ly hire,  use  or  cause  to  be  hired  in  aid  of  his  candidacy,  on  the  day  of 
the  municipal  election,  any  automobile,  carriage  or  other  vehicle  for 
the  purpose  of  transporting  voters  to  or  from  the  polls. 

(c)  A  violation  of  any  of  the  provisions  of  this  section  by  any 
candidate  or  by  any  person,  association  or  organization  in  his  behalf, 
shall  disqualify  him  from  holding  the  office  for  which,  he  is  a  candi- 
date. 


CITY  CHARTER  13 

(d)  Every  elective  officer  at  the  time  he  takes  his  oath  of  office 
shall  make  and  file  with  the  clerk  an  oath  that  he  has  not  violated  any 
of  the  provisions  of  this-  section,  which  oath  shall  enumerate  specific- 
ally the  i)rohibitions  in  this  section,  and  shall  contain  a  complete 
itemized  statement  of  expenditures  of  money,  or  of  the  giving  of  any 
other  consideration  or  promise,  oy  him  or  by  any  other  person  in  his 
behalf  in  such  election. 

(e)  If  any  person,  directly  or  indirectly,  shall  pay,  or  cause  any 
person  to  be  paid,  in  cash  or  by  other  material  inducement,  for  work 
for  any  candidate  at  the  polls  on  election  day,  he  shall  be  guilty  of  a 
misdemeanor,  and  the  council  shall  provide  by  ordinance  for  the  en- 
forcement of  this  provision  by  suitable  penalties. 

Section  (w;.  General  Election  Regulations:  The  provision  of  any 
state  law,  now  or  hereafter  in  force,  relating  to  the  qualifications  and 
registration  of  electors,  the  manner  of  voting,  the  duties  of  election 
officers,  the  canvassing  of  returns,  and  all  other  provisions  with  re- 
spect to  the  management  of  elections,  except  as  otherwise  provided  in 
this  charter,  so  lar  as  they  may  be  applicable,  shafi  apply  to  all  mu- 
nicipal elections. 

ARTICLE  VIII. 

RECALL    OF    ELECTIVE    OFFICERS. 

Section  (.:.  Scope  of  Recall:  The  holder  of  any  elective  office, 
whether  elected  or  appointed  thereto,  may  be  removed  therefrom  by 
recall. 

Section  r.s.  Petition:  The  recall  shall  be  instituted  by  filing  with 
the  clerk  a  certified,  written  petition  requesting  such  removal,  signed 
by  qualified  electors  of  the  city,  and  stating  the  residence  of  each 
signer  thereto. 

Section  r,'.).     Form  of  Petition:     The  form  of  the  petition  shall  be 
substantially  as  follows: 
To  the  Council  of  Spokane: 

We,  the  signers  hereto,  qualified  electors  of  the  City  of  Spokane, 
request  the  removal  of  (name  of  incumbent  of  elective  office  sought 
to  be  removed  to  be  inserted)  from  the  office  of  (name  of  the  office 
to  be  inserted). 
Name : 

Residence  (street  and  number.) 


STATE  OF  WASHINGTON 
County  of  Spokane, 

(Name  of  petitioner  to  be  inserted  here),  being  first  duly  sworn, 
says  that  he  is  one  of  the  signers  of  the  foregoing  petition;  that  the 
statements  made  therein  are  true,  and  that  each  signature  appended 
thereto  is  the  genuine  signature  of  the  person  whose  name  it  purports 
to  be,  as  he  verily  believes, 

(Petitioner  sign  here.) 


Subscribed  and   sworn   to  before  me  this day 

of ,  10 


Notary  Public,  Residing  at  Spokane,  Washington. 

Section    To.     Various   Papers,  Verifications,   Filing:      The  petition 
may  consist  of  one  or  more  papers  circulated  separately,  and  the  sig- 


16  CITY  CHARTER 

natures  thereto  may  be  upon  the  paper  or  papers  containing  the  formal 
petition  or  upon  other  papers  attached  thereto.  The  verification  may- 
be made  by  one  or  more  petitioners,  and  tlie  several  parts  of  the  peti- 
tion may  be  verified  sparately  and  by  different  persons.  All  papers 
and  documents  comprising  a  single  petition  shall  be  filed  with  the  clerk 
on  the  same  day  and  the  clerk  shall  notify  immediately  in  writing  the 
officer  sought  to  be  removed. 

Section  71.  Objections  to  Petition:  Within  ten  days  after  the 
date  of  the  filing  of  the  petition,  the  incumbent  whose  removal  Is 
requested,  shall  file  in  writing  with  the  clerk  his  objections,  if  any,  to 
the  sufficiency  of  such  petition,  and  he  can  not  thereafter  contest  its 
sufficiency  upon  any  objection  not  so  filed.  Such  objection  shall  be 
specific,  and  shall  set  forth  the  reasons  for  each  objection,  and  no 
general  objection  to  the  qualifications  of  the  signers  of  such  petition 
shall  be  sufficient.  If  the  result  of  the  election  be  adverse  to  the 
incumbent,  all  defects  in  the  petition  shall  be  cured  thereby. 

Section  72.  Certificate  of  Clerk:  Within  two  days  after  the  date 
of  the  filing  of  the  petition,  the  clerk  shall  certify  the  number  or  votes 
cast  at  the  last  general  municipal  election,  and  the  number  of  signers 
to  such  petition,  and  present  such  petition  and  certificate  to  the  coun- 
cil. 

Section  73.  Amendment  of  Petition:  If  the  petition  be  insufficient 
in  any  respect,  it  may  be  withdrawn  by  the  person  filing  it,  and 
amended  as  many  times  as  desired,  within  forty  days  of  the  original 
filing.  The  duty  of  the  clerk  shall  be  the  same  with  respect  to  any 
amended  petition  as  upon  the  original  petition. 

Section  74.  Calling  of  Election:  Twenty  Per  Cent  Petition:  If 
a  petition  be  signed  by  qualified  electors  in  number  equal  to  twenty  per 
centum  of  the  total  number  of  votes  cast  at  the  last  preceding  general 
municipal  election,  the  council,  within  seven  days  after  the  final  cer- 
tification by  the  clerk,  unless  the  incumbent  sought  to  be  removed 
resign  within  five  days  after  such  final  certification,  shall  order  a  spe- 
cial election  to  be  held,  on  a  date  fixed  in  such  order,  not  less  than 
forty  days  nor  more  than  fifty  days  from  the  date  of  such  final  cer- 
tification: Provided,  that  if  any  election  is  appointed  to  occur  within 
sixty  days  from  said  final  certification,  the  recall  election  shall  be  held 
at  the  same  time  as  such  other  election. 

Fifteen  Per  Cent  Petition:  If  the  petition  is  signed  by  qualified 
electors  in  number  equal  to  fifteen  per  centum  of  the  total  number  of 
votes  cast  at  the  last  preceding  general  municipal  election,  the  council, 
within  seven  days  after  the  final  certification  by  the  clerk,  unless  the 
incumbent  sought  to  be  removed  resign  within  five  days  after  such 
final  certification,  shall  order  and  fix  the  election  upon  the  date  of  the 
next  municipal  election:  Provided,  that  not  less  than  forty  days  shall 
elapse  between  the  date  of  the  final  certification  of  the  recall  petition 
by  the  clerk  and  the  said  municipal  election. 

Section  75.  Incumbent,  a  Candidate  Without  Nomination:  At  such 
election  the  incumbent  shall  be  a  candidate  without  nomination,  un- 
less he  file  written  notice  to  the  contrary  with  the  clerk  before  the 
ballots  are  printed. 

Section  76.  Manner  of  Nominations  and  Elections:  The  proced- 
ure for  nominations  and  elections  shall  be  the  same  as  in  general 
municipal  elections. 

Section  77.  Result  of  Elections:  If  the  incumbent  shall  not  be 
re-elected,  his  tenure  of  office  shall  terminate  upon  the  determination 
of  the  result  of  the  election  by  the  canvassing  board.  His  succe.^^sor 
shall  qualify  for  office  immediately  thereafter,  and  shall  hold  office  for 
the  unexpired  term. 

Section  78.  bisqualification  of  Recalled  Officers:  An  officer  re- 
moved from  office  by  recall  election  or  who  shall  resign  from  such 


CITY  CHARTER  IT 

office  pending  recall  proceedings  against  him,  shall  not  be  appointed  to 
any  city  office  or  employment  within  two  years  after  such  removal 
or  resignation. 

Section  TO.  Joinder  of  Several  Officers  In  Petition:  Two  or  more 
elective  officers  may  be  joined  in  one  petition  for  removal. 

Section  SO.  Vacancy  After  Election  Ordered:  If  a  vacancy  occur 
m  the  office  after  a  removal  election  has  been  ordered,  the  election, 
shall  nevertheless  be  held  as  in  this  article  provided. 


ARTICLE  IX. 

LEGISLATION    BY   THE    PEOPLE. 

Section  81.  General  Power:  The  people  of  Spokane,  in  additiom 
to  the  method  of  legislation  hereinbefore  provided,  shall  have  power 
of  direct  legislation  by  the  Initiative  and  the  Referendum. 

Section  S2.  The  Initiative:  The  initiative  shall  be  exercised  ia 
the  following  manner: 

(a)  Petition:  A  petition  signed  by  qualified  electors  of  the  city, 
accompanied  by  the  proposed  legislation  or  measure  in  the  form  of  a 
proposed  ordinance,  and  requesting  that  such  ordinance  be  submitted 
to  a  vote  of  the  people,  if  not  passed  by  the  council,  shall  be  filed  with 
the  clerk. 

(b)  Clerk's  Certificate:  Within  two  days  from  the  filing  of  sucli 
petition  the  clerk  shall  certify  the  number  of  votes  cast  at  the  last 
general  municipal  election,  and  the  number  of  signers  of  such  petition,, 
and  shall  present  such  certificate,  petition  and  proposed  ordinance,  to 
the  council. 

(c)  Action  by  Council  Upon  Petition:  Fifteen  Per  Centum  Peti- 
tion: If  such  petition  be  signed  by  qualified  electors  in  number  equal 
to  15  per  centum  of  the  total  number  of  votes  cast  at  the  last  preced- 
ing general  municipal  election,  the  council,  within  10  days  after  the 
receipt  thereof,  except  as  otherwise  provided  in  this  charter,  shall 
either  pass  such  ordinance  without  alteration,  or  submit  it  to  popular 
vote  at  a  special  election  which  must  be  held  within  30  days  after  the 
date  of  the  ordering  thereof:  Provided,  however,  that  if  any  other 
municipal  election  is  to  be  held  within  60  days  after  the  filing  of  the 
petition,  said  proposed  ordinance  shall  be  submitted  without  alteration 
to  be  voted  upon  at  such  other  election. 

Less  Than  Fifteen  Per  Centum  Petition:  If  such  petition  be  signed 
by  qualified  electors  in  number  equal  to  five,  and  less  than  15,  per 
centum  of  the  total  number  of  votes  cast  at  the  last  preceding  general 
municipal  election,  and  the  said  proposed  ordinance  be  not  passed  by 
the  council  without  alteration,  before  the  commencement  of  publica- 
tion of  notice  of  the  next  municipal  election,  it  shall  be  submitted  ta 
popular  vote  at  such  election:  Provided,  however,  that  such  petition 
must  be  filed  at  least  30  days  before  the  date  fixed  for  such  election. 

Section  S3.  Referendum:  If,  prior  to  the  date  when  any  ordinance 
shall  take  effect,  a  petition  signed  by  qualified  electors  equal  in  num- 
ber to  10  per  centum  of  the  entire  vote  cast  at  the  fast  preceding  gen- 
eral municipal  election,  shall  be  filed  with  the  clerk,  protesting  against 
the  enactment  of  such  ordinance,  it  shall  be  suspended  from  taking^ 
effect.  Immediately  upon  the  filing  of  the  petition  the  clerk  shall  do 
all  things  required  by  section  eighty-two  (S2)  (b)  of  this  article.  There- 
upon the  council  shall  immediately  reconsider  such  ordinance,  and,  if  it 
do  not  entirely  repeal  the  same,  shall  submit  it  to  popular  vote  at  the 
next  municipal  election;  or,  the  council,  in  its  discretion,  may  call  a 
special  election  for  that  purpose;  and  such  ordinance  shall  not  take 
effect,  unless  a  majority  of  the  qualified  electors  voting  thereon  at  such 
election  shall  vote  in  favor  thereof. 


18  CITY  CHARTER 

Section  84.  Submission  by  Council:  The  council,  of  its  own  mo- 
tion, may  submit  to  popular  vote  for  adoption  or  rejection  at  any  elec- 
tion, any  proposed  ordinance  or  measure,  in  the  same  manner  and  with 
the  same  force  and  effect  as  provided  in  this  article  for  their  submis- 
sion on  petition. 

Section  85.  Form  of  Ballots:  The  ballots  used  when  voting  upon 
such  proposed  and  referred  ordinances  or  measures,  shall  set  forth 
their  nature  sufficiently  to  identify  them,  and  shall  also  set  forth  on 
separate  lines,  the  words  "For  the  Ordinance,"  and  "Against  the 
Ordinance." 

Section  86.  Publication  of  Ordinances:  Notice  of  Election:  The 
clerk  shall  publish  every  proposed  or  referred  ordinance  in  each  num- 
ber of  THE  OFFICIAL  GAZETTE  issued  within  15  days  before  the 
date  of  the  election;  and  shall  give  such  other  notices  and  do  such 
other  things  relative  to  such  election,  as  are  required  in  general  munic- 
ipal elections. 

Section  87.  Adoption  of  Ordinances:  If  a  majority  of  the  quali- 
fied electors  voting  on  any  proposed  ordinance  or  measure  shall  vote 
in  favor  thereof  the  same  shall  thereupon,  or  at  a  time  fixed  therein, 
"become  effective  as  a  law  or  as  a  mandatory  order  to  the  council. 

Section  88.  Inconsistent  Ordinances:  If  the  provisions  of  two  or 
more  proposed  ordinances  approved  at  the  same  election  are  incon- 
sistent, the  ordinance  receiving  the  highest  vote  shall  prevail. 

Section  89.  Repeal  or  Amendment  of  Ordinances  Passed  by  the 
People:  No  ordinance  which  has  been  passed  by  the  council  upon  a 
petition,  or  adopted  by  popular  vote,  under  the  provisions  of  this  arti- 
cle, shall  be  repealed  or  amended,  except  by  popular  vote. 

Section  90.  Number  of  Elections:  There  shall  not  be  held  under 
this  article  more  than  one  special  election  in  any  period  of  six  months. 

Section  91.  Regulations  by  Council:  The  council,  by  ordinance, 
may  make  other  and  further  regulations  for  carrying  out  the  provisions 
of  this  article  not  inconsistent  herewith. 


ARTICLE  X. 

LOCAL   IMPROVEMENTS. 

Section  92.  Local  Improvements — Powers  In  Respect  to:  The  city 
of  Spokane  shall  have  power  to  create,  provide  for,  construct,  main- 
tain, and  do,  directly  by  the  employment  of  labor  under  the  supervision 
of  the  city,  or  by  contract,  local  improvements  and  all  things  of  the 
nature  of  local  improvements,  which  by  the  laws  of  Washington  are 
made,  or  may  be  made,  chargeable  by  special  assessments  upon  the 
property  specially  benefited  thereby,  or  which  not  being  prohibited  by 
the  laws  of  Washington,  without  permissive  legislation,  may  inhere  in, 
or  pertain  to,  or  belong  to,  municipal  corporations.  It  also  shall  have 
power  to  provide  for  the  payment  of  the  whole  or  any  part  of  the 
cost  of  any  such  thing  by  special  assessments  upon  the  property  spe- 
cially benefited  thereby.  The  amount  assessed  to  the  property  spe- 
cially benefited,  to  pay  for  anything  of  the  nature  of  local  improve- 
ments authorized  by  this  section,  shall  not  exceed,  but  may  equal,  the 
amount  of  benefits  received  by  such  property. 

The  city  shall  have  power  to  do  any  of  the  things,  in  this  section 
authorized,  at  a  cost  in  excess  of  the  value  of  the  benefits  received  by 
the  property  to  be  assessed  therefor,  whenever  it  is  provided  that  such 
excess  shall  be  paid  out  of  the  general  funds  of  the  city,  and  to  do  and 
pay  for  the  whole  of  such  things  from  such  general  funds. 

Section  93.  Vote  Necessary  to  Order  Local  Improvements:  If 
the  owners  of,  or  the  legal  representatives  of  the  owners  of,  one-half 
of  the  property  subject  to  assessment  for  any  local  improvement,  file 


CITY  CHARTER  K> 

a  petition  with  the  council  requesting  that  any  local  improvement  be 
made,  the  council,  by  a  majority  vote  of  the  whole  council,  may  order 
such  improvement.  Without  such  petition  a  four-fifths  vote  of  the 
whole  council  shall  be  necessary  to  order  such  improvement. 

Section  Ul.  Irregularities  in  Procedure:  Any  irregularities  what- 
soever in  any  proceedings  or  act  relating  to  the  authorizing  or  direct- 
ing of  any  local  improvements  which  may  occur  prior  to  the  confirma- 
tion of  the  assessment  roll,  shall  not  affect  the  validity  of  such  pro- 
ceedings or  act,  unless  specific  objections  are  filed  with  the  clerk  in 
the  manner  and  at  the  time  required  by  the  general  ordinance  which 
shall  be  enacted  in  pursuance  of  the  power  given  in  this  article. 

If  any  objection,  to  any  of  the  proceedings  or  acts  prior  to  the  con- 
firmation of  the  assessment  roll  is  filed,  the  council  may  correct  the 
alleged  irregularity  or  defect  by  an  ordinance  passed  in  the  manner 
and  by  the  vote  required  in  section  ninety-three  (Oli)  hereof,  and 
thereby  may  validate  the  ordering  of  said  improvement. 

The  council  may  continue  the  hearing  upon  any  assessment  roll 
to  permit  the  amendment  or  correction  of  the  petition  or  of  any  ir- 
regularity or  omission. 

Any  irregularity  in  the  petition  for  an  improvement  shall  be  im- 
material when  the  ordinance  ordering  the  improvement  has  been 
passed  by  a  four-fifths  vote  of  the  council. 


ARTICLE  XL 

FRANCHISES. 

Section  0.'».     No  Exclusive  Franchise  shall  ever  be  granted. 
•Section  •»(>.    Term:     Franchises  for  steam  railroa.1  and  electric  iu- 
terurban  lines  may  be  granted  for  such  term  of  years  as  tne  council 
by  a  four-fifths  vote  may  decide.    No  other  franchise  shall  be  granted 
for  a  longer  period  than  25  years. 

Section  <»:.  Further  Limit  on  Terms  of  Franchises:  Every  street 
railway  franchise  hereafter  granted  to  connect  with  any  existing  street 
railway  franchise  shall  expire  at  the  same  time  as  tne  existing  tran- 
chise;  and  every  renewal,  continuance  or  extension  of  existmg  tra:.- 
chises  or  grant  of  new  franchises  to  succeed  expiring  franchises  upon 
the  same  streets,  in  whole  or  in  part,  shall  be  so  limited  as  to  expire 
on  the  same  date  as  the  longest  unexpired  term  of  any  franchise  then 
held  by  the  grantee.  The  object  and  purpose  of  this  provision  is  that 
all  franchises  to  a  single  grantee  or  assigns  shall  finally  expire  at  the 
same  time. 

Section  «)s.  Renewals:  No  franchise  shall  be  renewed  earlier  than 
three  years  prior  to  its  expiration. 

Section  lid.  Location  to  Be  Specified:  Franchises  for  railroad, 
street  railway  and  for  power  lines  in  excess  of  :5(),000  volts  shall  jpecify 
plainly  the  streets  or  other  public  places  or  parts  thereof  to  which  they 
apply,  and  any  other  franchises  shall  state  the  bounds  of  the  district 
or  districts  in  which  they  shall  be  exercised. 

The  council  shall  have  the  power,  no  matter  whether  or  not  it  is 
specified  in  any  franchise,  to  regulate  by  ordinance  the  placing  of  wires 
carrying  electricity  so  that  they  may  have  the  least  possible  menace 
to  workmen  thereon  or  to  the  public. 

Section  l(»o.  Publication:  Proposed  ordinances  for  the  grant  of 
franchises  shall  be  filed  with  the  clerk  and  published  once  a  week  for 
four  successive  weeks  in  THE  OFFICIAL  GAZETTE  before  they  shall 
be  placed  on  first  reading  by  the  council.  No  proposed  ordinance 
granting  any  franchise  shall  be  placed  upon  final  passage  within  :'.o 
days  after  its  first  reading. 


20  CITY  CHARTER 

Section  101.  Referendum  of  Franchises:  All  franchise  ordinances, 
except  as  otherwise  provided  by  state  law  shall  be  subject  to  refer- 
endum under  the  general  provisions  of  this  charter. 

Section  102.  Compensation  to  City:  No  franchise  shall  be  granted 
without  provision  for  proper  compensation  to  the  city  therefor.  When- 
ever the  gross  earnings  of  the  grantee  or  assigns  from  the  use  of  a 
particular  franchise  within  the  city  are  susceptible  as  ascertainment, 
the  compensation  shall  be  fixed  at  not  less  than  1  per  cent  of  the  gross 
earnings.  When  the  gross  earnings  of  and  from  the  use  of  any  par- 
ticular interurban,  electric  or  street  railway  franchise  within  the  city 
are  incapable  or  difficult  of  ascertainment  the  council  shall  adopt 
such  other  mode  of  determining  the  compensation  to  be  paid  by  such 
grantee  or  assignee  as  it  shall  determine  to  be  reasonable  and  just; 
but  such  compensation  for  such  interurban,  electric  or  street  railway 
franchise  shall  not  in  any  event  be  less  than  two  mills  per  car  mile. 
The  provisions  of  this  section  shall  not  apply  to  steam  railroads. 

Section  103.  Compensation  for  Use  of  Bridges:  All  franchises  for 
street  or  interurban  railroads  hereafter  granted  shall  provide  that  any 
such  railroad  shall  pay  to  the  city  a  sum  not  less  than  five  per  centum 
(5  per  centum)  per  annum,  so  long  as  such  franchise  shall  exist  or  be 
used,  on  one-third  of  the  cost  of  any  city  bridge  over  which  said  fran- 
chise shall  extend. 

In  the  event  any  application  is  made  for  a  franchise  over  a  bridge 
not  yet  built  or  completed,  the  council  shall  make  an  estimate  of  the 
cost  of  such  bridge  and  such  estimate  shall  be  the  basis  of  computa- 
tion for  fixing  the  amount  to  be  paid  for  the  franchise  over  such  bridge. 

Section  104.  Improvement  of  Streets  by  Railways:  Every  street 
railway  franchise  shall  contain  a  provision  requiring  the  grantee 
thereof  or  its  successors,  to  improve  and  pave,  repave,  grade  and  re- 
grade,  and  keep  in  repair  all  the  space  in  any  street,  alley,  or  otfier 
public  place,  between  the  outer  rails  of  the  track  or  tracks  and  for 
two  feet  on  each  side  thereof,  in  the  manner  required  by  the  council, 
within  thirty  days  after  the  street,  alley  or  public  place  shall  be  im- 
proved, and  to  sprinkle  the  same  whenever  required  by  the  council. 

Section  105.  Free  Transportation:  Every  street  railway  franchise 
shall  conatin  a  provision  that  policemen  and  firemen  of  the  city  and 
United  States  mail  carriers,  when  in  uniform  and  in  the  discharge  of 
their  duty,  shall  be  carried  free  and  with  the  rights  of  passengers. 

Section  106.  Right  of  Use  by  City:  All  franchises  granted  to  any 
company  for  the  erection  of  poles  or  rhasts  on  or  along  the  streets  or 
other  public  places  of  the  city,  for  the  conduct  of  electricity  or  for  any' 
telegraph  or  telephone  purposes,  shall  contain  a  condition  and  stipula- 
tion that  the  upper  arm  of  all  such  poles  or  masts,  now  erected  or  to 
be  erected  under  any  existing  franchise  in  the  city,  shall  be  for  the 
exclusive  use  of  the  city;  and  that  any  franchise  granting  the  right 
to  construct  conduits  in  or  under  such  places  for  said  purposes,  shall 
contain  a  provision  that  a  reasonable  portion,  to  be  definitely  stated  in 
the  ordinance  granting  the  franchise,  shall  be  reserved  for  the  exclus- 
ive use  of  the  city. 

Section  107.  Conditions  of  Franchises:  The  grant  of  every  fran- 
chise shall  be  made  expressly  subject  to  the  condition  that  the  council 
shall  have  the  right  with  respect  to  any  such  franchises  so  granted: 

(a)  To  hear  and  determine  what  are  just,  fair,  and  reasonable 
rates,  fares,  and  charges  for  public  service,  and  to  order  that  only  rea- 
sonable charges  shall  be  imposed,  and  to  make  effective  such  order  by 
penalties  and  forfeitures.  The  granting  of  a  franchise  shall  not  be 
deemed  to  confer  any  right  to  include  in  the  charge  for  any  service 
any  return  upon  the  value  of  the  franchise  or  grant. 

(b)  To  require  the  elevation  or  depression  of  the  tracks  of  rail- 
roads or  street  railways,  or  the  placing  under  ground  of  wires,  when- 


CITY   CHARTER  21 

ever  such   action   is   necessary,   in  the  interests   of    public   safety  or 
convenience. 

(c)  To  require  reasonable  extensions  of  any  public  service  sys- 
tem. 

(d)  To  make  such  rules  and  regulations  as  may  be  required  io 
secure  adequate  and  proper  service,  and  to  provide  sufficient  accom- 
modations for  the  public. 

When  any  person  or  corporation  against  whom  any  order  is  di- 
rected under  the  provisions  of  subdivisions  (a),  (b'),  (c)  or  (d)  hereof 
shall  believe  such  order  to  be  unjust  or  unreasonable,  he  or  it  may  Test 
its  justice  or  reasonableness  by  a  proper  action  in  the  courts,  com- 
menced within  thirty  days  after  service  of  such  order,  and  in  such 
action  such  order  may  be  entered  in  the  premises  as  shall  be  warranted 
by  the  facts  developed  upon  the  trial  and  the  law  applicable  thereto.  " 

Section  lOS.  Interchangeable  Transfers:  The  council  shall  have 
the  power  to  insert  in  any  street  railway  franchise  the  right  to  enforce 
a  system  of  interchangeable  transfers,  which  enforcement  shall  be 
subject  to  judicial  review  as  provided  in  section  one  hundred  and 
seven  (107). 

Section  !()'.».  Reports  by  Owners  of  Franchises:  The  city  shall 
require  every  person  or  corporation  operating  under  a  franchise  or 
grant  from  the  city,  to  submit  to  the  council  within  sixty  days  after  the 
first  day  of  January  of  each  year,  an  annual  report,  verified  by  the  oath 
of  such  person  or  the  president,  treasurer  or  general  manager  of  such 
corporation.  Such  reports  shall  contain  such  detailed  information  and 
cover  such  period  as  may  be  prescribed  by  the  council  by  ordinance. 
The  council  shall  have  the  power,  either  through  its  members,  or  by 
experts  or  emjjloyees  duly  authorized  by  it,  to  examine  the  books  and 
affairs  of  any  such  person,  persons  or  corporation,  and  to  compel  the 
production  of  all  books  and  papers  pertaining  to  such  report  or  other 
matters.  Any  such  person,  persons,  or  corporation  who  shall  fail  to 
make  any  such  report,  or  refuse  to  permit  such  examination,  shall  be 
liable  to  a  penalty  of  one  hundred  ($l()i).()())  dollars  and  an  additional 
penalty  of  one  hundred  ($J00.(»())  dollars  for  each  and  every  day  during 
which  he  or  it  shall  fail  to  file  such  report  or  refuse  to  permit  such 
examination,  to  be  sued  for  and  recovered  by  the  city  in  any  court 
having  jurisdiction. 

Section  110.  Franchise  Not  to  Be  Capitalized:  Ordinances  grant- 
ing franchises  shall  contain  provisions  prohibiting  any  corporation 
holding  any  franchise  from  issuing  any  capital  stock  on  account  of  the 
franchise  or  the  value  thereof.  Conditions  shall  be  inserted  in  all  such 
ordinances  that  the  grantee  shall  have  no  right  to  receive  upon  a  con- 
demnation proceeding  brought  by  the  city  to  acquire  the  public  utility 
using  such  franchise  any  return  on  account  of  the  franchise  or  its 
value. 

Section  ill.  Transfer  of  Franchises:  No  sale  or  lease  of  any 
franchise  granted  by  the  city  shall  be  effective  until  the  assignee,  or 
lessee,  shall  have  filed  in  the  office  of  the  clerk  an  instrument,  duly 
executed,  reciting  the  fact  of  the  sale  or  lease,  accepting  the  terms  of 
the  franchise  affected,  and  agreeing  to  perform  all  the  conditions  re- 
quired of  the  grantee  thereunder.  The  assignee  or  lessee  also  shall 
file  a  bond  in  such  amount  and  with  such  conditions  as  the  council 
may  require,  which  bond  shall  run  to  the  city  as  obligee,  with  sureties 
satisfactory  to  the  council,  and  shall  obligate  the  grantee,  or  lessee,  to 
discharge  all  obligations  and  liabilities  imposed  upon  the  grantee  by 
the  franchise. 

Section  112.  Common  User  Provisions:  Every  franchise  shall 
provide  that  the  franchise  and  all  things  constructed  thereunder,  other 
than  rolling  stock  and  power,  shall  be  subject  to  common  use  by  any 
other  grantee  or  assignee  of  any  other  franchise,  whenever  there  shall 


22  CITY  CHARTER 

be  necessity  therefor,  upon  payment  or  tender  of  compensation  for 
such  use.  The  question  of  necessity,  compensation  and  all  other  ques- 
tions relating  thereto  shall  be  judicial  questions,  but  no  judicial  pro- 
ceeding shall  suspend  or  postpone  such  use  if  the  person  or  corpora- 
tion desiring  such  common  use  shall  deposit  in  the  court  such  sum  as 
the  court,  in  a  preliminary  hearing,  may  determine.  (As  amended  by 
vote  of  the  people  Nov.  4,  1913,  submitted  under  Ordinance  No.  C148-1.) 

Section  113.  Forfeiture  of  Franchises:  All  franchises  and  privi- 
leges and  parts  thereof  heretofore  granted  by  the  city,  which  are  not 
in  actual  use  or  enjoyment,  or  which  the  grantees  thereof  have  not  in 
good  faith  commenced  to  exercise  at  the  time  of  the  adoption  of  this 
charter,  are  hereby  declared  terminated,  forfeited  and  of  no  validity, 
and  if,  for  any  legal  reason,  it  shall  be  necessary  to  effect  such  repeal 
by  ordinance,  it  shall  be  the  duty  of  the  council  to  carry  out  the  pro- 
visions of  this  section  by  the  enactment  of  ordinances  repealing  said 
franchises.  This  section  shall  not  apply  to  any  franchise  in  which  the 
ordinance  granting  the  same  shall  have  fixed  a  time  within  which  work 
shall  commence  or  be  completed  thereunder  and  such  time  shall  not 
have  expired  at  the  time  of  the  adoption  of  this  charter.  The  provi- 
sions of  this  section  shall  not  apply  to  electric  light,  electric  power, 
telephone,  telegraph  or  gas  franchises. 

Section  114.  Construction  of  This  Article:  The  enumeration  and 
specification  of  particular  matters  which  must  be  included  in  every 
franchise  granted  shall  not  be  construed  to  impair  the  right  of  the  city 
to  insert  in  such  franchises  such  other  and  further  conditions  and 
restrictions  as  the  council  may  deem  proper  to  protect  the  city's 
Interests. 


ARTICLE  XII. 

MISCELLANEOUS. 

Section  115.  Claims  for  Injuries:  All  persons  having  claims  for 
damages  for  personal  injuries  or  for  injuries  to  property  sustained  by 
reason  of  alleged  negligence  or  any  act  of  the  city,  or  any  officer, 
agent,  servant  or  employee  of  the  city,  must  present  such  claims  to  the 
council  within  30  days  after  such  injury  or  damage.  They  must  be  in 
writing  and  verified,  and  must  state  the  time  when  and  the  place  where 
such  injury  was  received  or  happened,  the  cause,  nature  and  extent 
thereof,  the  amount  of  damage  sustained,  the  amount  for  which  th^ 
claimant  will  settle,  a  statement  of  the  actual  residence  of  the  claim- 
ant by  street  and  number  at  the  date  of  presenting  and  filing  the 
claim,  and  the  actual  residence  of  such  claimant  for  six  months  im- 
mediately prior  to  the  time  such  claim  for  damages  accrued. 

If  any  injury  is  alleged  to  have  been  caused  by  the  existence  of 
snow  or  ice  on  any  street,  highway,  bridge,  culvert,  crosswalk  or  other 
public  place,  or  by  reason  of  any  such  place  being  out  of  repair,  un- 
safe, dangerous  or  obstructed  from  any  cause  or  in  any  manner,  the 
claim  for  any  such  alleged  damage  or  injury  must  be  filed  with  the 
clerk  within  10  days  after  the  date  of  said  injury  or  damage,  and  must 
state  the  nature  and  location  of  the  place  where  said  alleged  accident 
occurred. 

If  the  claimant  is  physically  or  mentally  unable  to  present  such 
claim  within  the  time  aforesaid,  it  may  be  presented  and  filed  by  some 
one  in  his  behalf. 

Failure  to  present  such  claim  in  writing,  duly  verified  in  the  form, 
manner  and  time  aforesaid,  shall  bar  any  action  against  the  city  for 
such  alleged  damage  or  injury. 

Section  IIG.  Liability  of  Owner  of  Abutting  Property:  In  case 
any  injury  or  damage  to  any  person  shall  be  caused  by  the  defective 
condition  of  any  sidewalk,  or  by  ice  or  snow  thereon,  or  by  lack  of 


CITY  chjCrt^u  :    ::••*.:.: :'.  n  ;•.     23 


•  • 


proper  guards  or  railings  on  or  along  the  property  abutting  on  any 
public  way,  the  abutting  property  where  the  injury  or  damage  occurs, 
and  the  owner  or  owners  thereof,  shall  be  liable  to  the  city  for  all 
damage,  injuries,  costs  and  disbursements  which  it  may  be  required  to 
pay  to  the  person  injured. 

Section  117.  Power  to  Subpoena  Witnesses:  The  council  shall 
have  the  power  to  enforce  the  attendance  of  witnesses  and  the  produc- 
tion of  all  books,  papers,  documents  and  files,  and  to  administer  oaths 
in  all  matters  relating  to  the  administration  of  city  affairs  or  business. 

Section  US.  Municipal  Construction  Plants:  The  city  shall  have 
power  to  construct  and  acquire  in  any  legal  way  and  to  maintain  and 
operate  works,  plants,  and  facilities  for  the  purpose  of  doing  any  and 
all  municipal  work  by  the  direct  employment  of  labor  under  the  super- 
vision of  the  city,  and  may  use  such  works,  plants,  and  facilities  and 
the  product  thereof  for  the  purpose  of  doing  municipal  work  of  all 
kinds,  and  shall  have  the  power  to  sell  such  product  for  use  in  the  con- 
struction of  municipal  improvements  of  all  kinds.  It  shall  have  power 
to  pay  for  the  whole  or  any  part  of  any  local  improvement  constructed 
or  done  by  the  city  directly  under  the  provisions  of  this  section,  by 
assessments  against  the  property  benefited  thereby. 

Section  110.  Continuation  of  Ordinances:  Every  ordinance  and 
resolution  in  force  at  the  time  of  the  adoption  of  this  charter,  except 
in  so  far  as  it  is  inconsistent  with  this  charter,  shall  continue  in  force 
until  amended  or  repealed. 

All  rights  and  obligations  in  favor  of  and  against  the  city  existing 
at  the  time  of  the  adoption  of  this  charter  shall  continue  without 
modification. 

Section  120.  Continuation  of  Existing  Government  and  Offices: 
The  government  and  offices  existing  prior  to  the  adoption  of  this  char- 
ter, shall  continue  until  the  election  and  qualification  of  officers  first 
elected  under  this  charter  at  the  general  election  in  March,  1911. 

The  provisions  of  this  charter  with  reference  to  elections,  recall 
of  elected  officrs,  direct  legislation  and  charter  amendments  shall  be 
in  force  from  the  date  of  the  adoption  of  this  charter.  All  other  pro- 
visions of  this  charter  shall  become  effective  on  the  assumption  of 
office  by  the  commissioner  first  elected  hereunder. 


ARTICLE  XIII. 

MUNICIPAL  INDEBTEDNESS. 

Section  12].  Power  to  Incur  Indebtedness:  The  city  may  borrow 
money  and  become  indebted  in  any  legal  way,  subject,  as  to  the  amount 
and  the  manner  of  incurring  indebtedness,  to  the  provisions  and  limita- 
tions of  the  constitution  and  laws  of  the  state  and  of  this  charter; 
and,  subject  to  the  same  provisions  and  limitations,  the  city  may  issue 
bonds  to  secure  any  existing  or  contemplated  indebtedness. 

Section  122.  Power  of  Council:  When  a  popular  vote  is  not 
required  by  law,  the  council  by  ordinance  may  authorize  any  indebt- 
edness and  the  issuance  of  bonds. 

Section  12.''>.  Indebtedness  by  Popular  Vote:  If  a  popular  vote  is 
required  by  law,  the  proposal  to  incur  indebtedness  or  to  issue  bonds, 
or  both  of  them,  shall  be  submitted  in  the  form  of  an  ordinance  to 
popular  vote  at  any  general  or  special  election. 

Prior  to  any  such  election,  notice  thereof  shall  be  published  in  at 
least  three  issues  of  THE  Ol^FICIAL  GAZETTE  next  preceding  the 
date  thereof. 

If  such  indebtedness  or  bond  issue  be  authorized  at  said  election 
the  council  at  once  shall  enact  an  ordinance  reciting  the  facts  as  to 


24     .\   :  ;     :  ^^-.  \  :  i^TY  CHARTER 

such  election  and  providing  for  the  incurring  of  any  indebtedness  and 
for  the  sale  and  issue  of  any  bonds  pursuant  thereto. 

Section  124.  Advertisement  and  Sale  of  Bonds:  All  bonds, 
whether  authorized  by  the  council  or  by  the  people,  shall  be  advertised 
for  sale  at  least  :;o  days  in  THE  OFFICIAL  GAZETTE.  Bonds  shall 
not  be  sold  for  less  than  par  and  accrued  interest. 

ARTICLE  XIV. 

AMENDMENT. 

Section  125.  Amendment  of  the  Charter:  This  charter  may  be 
amended  by  majority  vote  on  such  amendments.  The  provisions  of 
this  charter,  with  respect  to  submission  of  legislation  to  popular  vote 
by  the  initiative,  or  by  the  council  of  its  own  motion,  shall  apply  to 
and  include  the  proposal,  submission  and  adoption  of  amendments. 

The  council  may  make  further  regulations  for  carrying  out  the 
provisions  of  this  article,  not  inconsistent  herewith. 


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